HomeMy WebLinkAbout301-4; BDN Carlsbad #1 Limited; 90-085879; Hold Harmless Agreement/Release: 3 * h j-j gj 5 8 7 9
-- _ ._. ._. 1670 RECORDING REQUESTED BY AND 1.
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CITY OF CARLSBAD
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1200 Elm Avenue ;/c. f! & i j ;:i ;- .- ,..i-. iet Carlsbad. California 92008 ,p,-.,: 7; z..z y i i rrvr---i i 7;: <w:.-i-:ic-t, "-~."">~+ :
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Documentary transfer tax: S No Fee NO FEE
ning tax-firm name City of Carlsbad
Parcel No. b*1’ 57 , mk# 118 11
HOLD HARMLESS AGREEMENT fz z34*w
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No.-
301-4 ) - . ) for development to
occur on property described as Lot 57 Carlsbad Research Center, Unit 4
(APN 212-12-15 ), I (We) BDN Carlsbad #l Limited Dart- the owner(s)
of said property promise to indemnify and to hoid the City of Carlsbad and any
of its agencies or employees harmless from liability for injuries to persons,
or damage to or taking of property, directly or indirectly caused by the
diversion of waters, the alteration of the normal flow of surface waters or
drainage, or the concentration of surface waters or drainage from the drainage
system or other improvements identified in the approved plans; or by the design,
construction or maintenance of the drainage system or other improvements
identified in the approved plans.
Approval of the plans by the City shall not constitute an assumption by
the City of any responsibility for such damage or taking. City shall not be an
insurer or surety for the design or construction of the improvements pursuant
to the approved plans, nor shall any officer or employee thereof be liable or
responsible for any accident, loss or damage happening or occurring during the
construction work or improvements as specified in this agreement.
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It is further agreed that the above owner(s) will maintain all drainage
systems to insure a free flow to a satisfactory point of discharge unless said
systems are accepted as public facilities.
It is further agreed that this agreement shall be binding on all heirs,
successors or assigns having an interest in all or any part of the property
described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
3- day of-P , 19m .
BDN Carlsbad #l Limited Partnership
, r APP m D AS TO FORM:
, . : VINCENT F. BIONDO, JR.
City Attorney 21 7eTo. 4
, (Notarial acknowledgment of execution by the OWNERS(S) must be attached).
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‘STATE OF CALIFORNIA
COUNTYOF &&) D /cm3
ON u#(7 JIQ, 19m BEFORE ME, THE UNDER-
SIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
JANIE DECELLES, (4EP) (PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDENCE) TO BE A GENERAL PARTNER OF BDN CARLSBAD
#l, THE LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUTED THE SAME.
WITNESS MY HAND AND OFFICIAL SEAL
,
NOTARY PUBLIC IN AND FOR SAID STATE
MY COMMISSION EXPIRES + 1% 17 %
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL
SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL
SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS - AGREEMENT,
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO;